Navigating the Canadian Anti Spam Legislation Presented by Marie Wiese September 30, 2014
Session Speaker Marie is the founder of Marketing CoPilot Inc., a digital marketing consulting and execution firm that has helped more than 100 business-tobusiness companies find customers and keep customers. Marie Wiese @mariewiese President Marketing CoPilot Inc. Marie delivers workshops across Ontario that help companies turn their websites into their best lead generation and lead nurturing tool.
What is the goal of your email marketing?
Goals Communicate? Offer someone something? Sell something? Get someone to click through to your website? Start a relationship? Evolve a relationship? Trick someone into sending you money or personal information? Sending malware?
The goal of email marketing is not to persuade. It s to discover, educate and solve.
Why is email marketing important? Returns $44 for every $1 spent (ROI of over 4300%) It is still the preferred communication tool of choice for most people It can be tracked and measured
What is CASL? CASL is a new anti-spam law that will apply to all electronic messages (i.e. email, texts) organizations send in connection with a commercial activity. Its key feature requires Canadian and global organizations that send commercial electronic messages (CEMs) within, from or to Canada to receive consent from recipients before sending messages. CASL does not apply to CEMs that is simply routed through Canada.
What has CASL done to Canadian email marketing? Pros: Made us rethink what we send, when we send and to whom we send. Made us think about email strategy and policy. Cons: The people it s really meant for will ignore it. Hurts the sales and marketing process and made us paranoid.
What is CASL? One of the toughest laws of its kind in the world, making its application and interpretation particularly thorny.
Pundits believe the anti-spam law is a ludicrous example of regulatory overkill. It hurts folks who by any reasonable definition aren t spamming anyone at all and it won t touch the real offenders. The law was created for the 2% and hurts the 98% trying to use email in a professional manner.
CASL Myth #1 I won t be able to use email or my current email list to promote my products or services Fact: You can continue to use email if you have express or implied consent from recipients. There is a 36 month transitions period.
CASL Myth #2 CASL will stop spam. Fact: CASL was meant to stop malicious intent. No law will eliminate all spam and particularly spam from overseas.
CASL Myth #3 I can be fined up to $10million for sending email. Fact: There are no automatic penalties. The CRTC has a range of enforcement tools available from warnings to penalties (up to $1 million for individuals and $10 million for businesses).
CASL Myth #4 CASL will be expensive and hurt my business. Fact: Maybe. Businesses that already comply with privacy laws and use common best practices for email marketing should require little effort to comply with CASL.
What makes sense? Understand CASL via the Government of Canada website. Follow updates as they come available and new changes to the law. Implement best practices in your organization so that 36 months from now you can prove compliance.
Express vs Implied Express Consent Valid consent given in writing or orally Is not time limited (unless the recipient withdraws their consent) Implied Consent Existing business relationship Existing non-business relationship (non-profit) Recipients email address was published or sent to you Time limited to general 2 years
Regardless of express or implied *Use a proven email marketing platform with good reporting and database management
Express consent is provided when Sign up for a blog or email list Download content or subscribe to a list Existing business relationship (enquired about) Buy something from someone
Implied consent is provided when Meet someone face-to-face and exchange contact information Attend an event and provide contact information Meet someone at a tradeshow
Where is CASL headed? Since July 1 st the Canadian government has provided more specifics and answers to What constitutes implied consent? Will CASL hinder small businesses? *This legislation is meant to protect consumers, NOT harm legitimate businesses.
How do you get someone to opt-in? HANDLING CASL
Growing your list in a CASL-compliant way Provide value-added content that speaks to problems not products Forms throughout your website Join my mailing list on every form you have Tweet out join my mailing list Ask people to join in your email signature Provide an incentive to join* Only email product information/receipts
IT S ALL ABOUT TESTING
CASL Opt-In Process Case Study Project: Client sells online courses to individuals in the financial services industry No regular email to lists Wanted to clean lists and achieve highest opt-in percentage possible
CASL Opt-In Process Case Study Execution: 1 st email messaging was a simple ask for opt-in. 2 nd email messaging offered an incentive to opt-in. 3 rd email messaging offered a double incentive to opt-in.
Campaign Test Round #1 Review Lists Carefully review email lists. Determine source and implied or express consent Segment Segment lists between implied/express/need to opt-in Remove lists from tests where consent has been provided Test Conversion Rate Ask for opt-in without incentive Ask for opt-in with incentive Send email suggesting they can opt out at any time but currently have consent
Campaign Test Round #2 Review Lists Remove everyone who opted out Segment Segment those who did not respond Segment those clicked through to landing page Test Conversion Rate Ask for opt-in with double incentive Look for those that do not open Redeem incentive
Campaign Test Round #3 Review Lists Go back to master list minus opt-out to date Segment Maintain list by segmentation Remove names where consent has been provided Test Conversion Rate Ask for opt-in without incentive Ask for opt-in with incentive Send email suggesting they can opt out at any time
CASL Opt-In Process Case Study Tools required to run test Excel to manage lists Email marketing platform to look at click through rates and manage opt-out/unsubscribes simply for recipient (one click) Process to manage/redeem incentive Landing page on website that can track traffic or links in Google Analytics
CASL Opt-In Process Case Study Results: 35% of non-previous consent opted-in!
Sales Conversion Would you rather mail to 5,000 you don t know and aren t sure if they want to hear from you? Or mail to 1,750 who have expressly asked to stay on your list?
CASL Opt-In Process Case Study Findings: Planning is crucial to optimal user experience. Clean and correctly segmented lists are the right starting point for any email campaign. Clearly defined goal from the outset of the program is imperative.
CASL Best Practices 1. Create a policy. 2. Decide your protocol. 3. Designate an individual responsible for CASL. 4. Document consent for the next 36 months.
Business Best Practices 1. Have a clear strategy and email policy in your organization. 2. Use a proper email marketing tool tied to your business process. 3. Test and adapt this a journey!
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